Legal Question in Credit and Debt Law in California
Credit card fraud in my name but don't want to press charges.
Someone close to me put a credit card in my name, went over limit on it, and has not paid any of it for 6 months. This person had it for 3 years unbeknownst to me until I went to buy a cell phone and needed a huge deposit because of poor credit. It didn't make sense because I pay all my bills on time and now my history is scarred from this, which isn't my fault. How do I get it off my credit history and the card out of my name, without having to press charges against the person, and without the credit card company pressing charges for identity fraud. This person is very close to me and I don't want to see them get into serious trouble such as a prison term or huge unpayable fines.
1 Answer from Attorneys
Re: Credit card fraud in my name but don't want to press charges.
Thank you for your legal question and posting.
Only the creditor or a credit reporting agency can take negative information off your credit report. This card issuer might be willing to remove negative information as part of a settlement, if you pay all or a substantial portion of the debt. Normally, you would file a police report, and after investigation, the negative information would be removed without you having to pay anything.
You do have the right to sue your family member civilly for reimbursement if you are not willing to file a police report and prosecute.
Otherwise, the credit card company will assume that the charges are yours, and that you are liable, and treat you accordingly, until they see that you are willing to claim identity theft by asking for the filing of criminal charges.
I hope this information helps you, but if you need any other questions answered, want more information, or feel that you need an attorney to assist or handle any part of this for you, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can, and best of luck.
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